- 1 - HC-KAR NC: 2026:KHC:1940 WP No. 696 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 696 OF 2026 (KLR-RES) BETWEEN: SRI. SAJJAD AEJAZ KHAN S/O AEJAZ AHMED KHAN, AGED ABOUT 64 YEARS, RESIDING AT NO. 1027, I STAGE, 4TH CROSS, HBR LAYOUT, BANGALORE-560043. &PETITIONER (BY SMT. HEENA S.A., ADVOCATE FOR SRI. CHANDPASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEEPARTMENT, M S BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, DC OFFICE, MULBAGAL ROAD, KOLAR, KARNATAKA - 563101. 3. THE ASISTANT COMMISSIONER, KOLAR DISTRICT, NEAR COURT CIRCLE, KOLAR, KARNATAKA-563101. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1940 WP No. 696 of 2026 4. THE TAHSILDAR, MULBAGAL TALULK, TAHSILDAR OFFICE, MULBAGAL, DISTRICT KOLAR -563131. 5. PANCHAYAT DEVELOPMENT OFFICER, DEVARAYASAMUDRA GRAMA PANCHAYAT, MULBAGAL TALUK, KOLAR DISTRICT, KOLAR - 563 127. &RESPONDENTS (BY SRI. SESHU V., HCGP FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE REMINDER NOTICE DATED 07.01.2026 BEARING NO. NCR/CR/42/2019-20, PASSED BY THE R4 VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondents No.1 to 4. Notice to respondent No.5 is not necessary for the following reasons: - 3 - HC-KAR NC: 2026:KHC:1940 WP No. 696 of 2026 2. Learned counsel for the petitioner submits that the impugned Notice at Annexure-A, though styled as a notice, is nothing but an order passed by the Tahsildar without giving opportunity of hearing to the petitioner. In the said notice, it is directed that on 13.01.2026, the petitioner will have to remove all encroachments and submit photographs showing removal of the unauthorised encroachment at the hands of the petitioner. Learned counsel submits that it is very clear from the impugned notice that the Tahsildar has taken a decision unilaterally that the petitioner has encroached upon the tank area in Survey Nos. 441, 434, 431 of Devarayanasamudra Village, Avani Hobli, Mulbagal Taluk, Kolar District. Learned counsel would further submit that the vendor of the petitioner had filed a suit in O.S.No.122/2006 against the 5th respondent/Devarayanasamudra Grama Panchayath and a decree has been passed by the learned Principal Civil Judge, Junior Division and JMFC., Mulbagal in O.S.No.122/2006 dated 03.11.2008 restraining the - 4 - HC-KAR NC: 2026:KHC:1940 WP No. 696 of 2026 defendant permanently from interfering with the peaceful possession and enjoyment of the suit schedule property. 3. At this juncture, learned High Court Government Pleader submits that the impugned Notice at Annexure-A may be treated as a Show Cause Notice to enable the petitioner to give a reply and a direction may be issued to the Tahsildar to consider the reply, look into all the records that would be produced by the petitioner and proceed only in accordance with law. 4. Placing the submission of the learned HCGP on record, the writ petition stands disposed of, directing the respondent No.1/Tahsildar and petitioner herein to treat Annexure-A as a Show Cause Notice. Fifteen(15) days time is granted to the petitioner from today to file a reply along with all the required documents before the Tahsildar. The Tahsildar shall give sufficient opportunity of hearing to the petitioner, look into the documents that - 5 - HC-KAR NC: 2026:KHC:1940 WP No. 696 of 2026 would be produced by the petitioner, consider the reply and thereafter, proceed only in accordance with law. Needless to observe that till a final decision is taken by the Tahsildar, no precipitative action shall be taken pursuant to the impugned notice at Annexure-A. Sd/- (R DEVDAS) JUDGE PSJ List No.: 1 Sl No.: 12